Autor: Viorel PAȘCA

Publicat în: Journal Of Eastern European Criminal Law no. 1/2016

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Abstract: Migration is accompanied by forms of crime which criminal law is not prepared his
respond. Yet, migration favours, apart from the threat of terrorism, other forms of criminality as
well, such as human trafficking, illegal border crossing, migrant smuggling, crimes
which came into the target of organized criminal groups. We shall confine ourselves to showing how the Romanian criminal law influences the granting of the right of asylum and the refugee status, as well as the criminalization of the criminal acts regarding migrant smuggling Migration cannot be stopped by the means of coercion specific to criminal law, but, nevertheless, criminal law should provide solutions to combat crime that develops alongside migration or as a result of it.

Keywords: migration; refugee status; right of asylum; temporary protection; migrant
smuggling.